DETAILED ACTION
Non-Final Rejection
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims1-12 falls within one of the four statutory categories. See MPEP § 2106.03. For example, each of claims 1-12 fall within category of category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863));
Regarding Claims 1-12
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of determining a degree of deposition.
The abstract idea is set forth or described by the following italicized limitations:
1. A battery diagnosis apparatus for diagnosing a state of a battery, the battery diagnosis apparatus comprising:
a current source configured to apply a pulse current to the battery;
a voltage sensor configured to detect a voltage between terminals of the battery; and
a control device, wherein the control device comprises:
one or more processors; and
one or more memories coupled to the one or more processors, and
the one or more processors are configured to execute processing comprising:
acquiring a voltage response obtained by applying the pulse current from the current source to the battery;
deriving, based on the voltage response, an index indicating a comparison between an on- ATRF and an off-ATRF, the on-ATRF being an apparent transient resistance function of the battery when the pulse current is turned on, the off-ATRF being an apparent transient resistance function of the battery when the pulse current is turned off; and
determining a degree of deposition of lithium in the battery, based on the derived index..
The italicized limitations above represent a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “deriving, based on the voltage response, an index [..]; determining a degree of deposition: [..];” are mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea).
Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)).
Step 2A – Prong 2
Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
For example, first additional first element is “acquiring a voltage response obtained by applying the pulse current from the current source to the battery” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g)
The 2nd additional element is “A battery diagnosis apparatus for diagnosing a state of a battery, the battery diagnosis apparatus comprising: a current source configured to apply a pulse current to the battery; a voltage sensor configured to detect a voltage between terminals of the battery; and a control device, wherein the control device comprises: one or more processors; and one or more memories coupled to the one or more processors, and the one or more processors are configured to execute processing comprising”. This element amounts to mere use of a generic battery diagnose apparatus with computer components, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
In view of the above, the two “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a plurality of generic device with computer component with software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea.
.
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For example, the limitation of Claim 1 contains additional elements that are, i.e. “A battery diagnosis apparatus, a current source configured to apply a pulse current to the battery; a voltage sensor configured to detect a voltage between terminals of the battery; and a control device, wherein the control device comprises: one or more processors; and one or more memories coupled to the one or more processors, and the one or more processors are configured to execute processing comprising:”, generic device, which are well understood, routine and convention (see background of current discloser and IDS and PTO 892) and MPEP 2106.05(d))The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
.
Dependent Claims 2-12
Dependent claims 2-12 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-12 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For examples,
Claim 2. the index is a resistance function ratio indicating a ratio of the off-ATRF to the on-ATRF(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea)).
Claim 3. the index indicates a comparison between the on-ATRF at a timing at which a specific time has elapsed from a timing of a rising edge of a voltage in response to turning on of the pulse current and the off- ATRF at a timing at which the specific time has elapsed from a timing of a falling edge of the voltage in response to turning off of the pulse current (abstract idea: mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment)).
Claim 4. deriving a plurality of the indices having different specific times (abstract idea: mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment)), and
in the determining of the degree of deposition of lithium in the battery, determining the degree of deposition of lithium in the battery, based on an average value of the plurality of indices(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea).
Claim 5. in the acquiring of the voltage response, the one or more processors are configured to execute processing comprising applying a plurality of the pulse currents having different current values to the battery in stages to acquire the voltage response for each of the current values(to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering)),
in the deriving of the index, deriving the index for each of the current values, based on the voltage response for the current value, and in the determining of the degree of deposition of lithium in the battery, determining the degree of deposition of lithium in the battery, based on a plurality of the respective indices for the current values(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea).
Claim 6. adjust an SOC of the battery, wherein the one or more processors are configured to execute processing comprising: when the SOC of the battery is out of a preset predetermined range before the pulse current is applied to the battery, causing the SOC adjustment device to adjust the SOC of the battery so that the SOC of the battery falls within the predetermined range(abstract idea: mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment).
Claim 7. determining the degree of deposition of lithium in the battery, based on a temperature of the battery before applying the pulse current to the battery, and in the determining of the degree of deposition of lithium in the battery(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea),
comparing the determined determination criterion with the index to determine the degree of deposition of lithium in the battery(abstract idea: mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment).
Claim 8. the index indicates a comparison between the on-ATRF at a timing at which a specific time has elapsed from a timing of a rising edge of a voltage in response to turning on of the pulse current and the off-ATRF at a timing at which the specific time has elapsed from a timing of a falling edge of the voltage in response to turning off of the pulse current(abstract idea: mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment).
Claim 9. the deriving of the index, deriving a plurality of the indices having different specific times(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea), and
in the determining of the degree of deposition of lithium in the battery, the one or more processors are configured to execute processing comprising determining the degree of deposition of lithium in the battery, based on an average value of the plurality of indices(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea).
Claim 10. in the acquiring of the voltage response, the one or more processors are configured to execute processing comprising applying a plurality of the pulse currents having different current values to the battery in stages to acquire the voltage response for each of the current values(to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering),
in the deriving of the index, the one or more processors are configured to execute processing comprising deriving the index for each of the current values, based on the voltage response for the current value, and in the determining of the degree of deposition of lithium in the battery, the one or more processors are configured to execute processing comprising determining the degree of deposition of lithium in the battery, based on a plurality of the respective indices for the current values(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea).
Claim 11. adjust an SOC of the battery(abstract idea: mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment), wherein
when the SOC of the battery is out of a preset predetermined range before the pulse current is applied to the battery, adjust the SOC of the battery so that the SOC of the battery falls within the predetermined range(abstract idea: mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment).
Claim 12. determining a determination criterion for determining the degree of deposition of lithium in the battery, based on a temperature of the battery before applying the pulse current to the battery, and in the determining of the degree of deposition of lithium in the battery, the one or more processors are configured to execute processing comprising comparing the determined determination criterion with the index to determine the degree of deposition of lithium in the battery(abstract idea: a mathematical concepts (i.e., a process that can be performed by mathematical relationships or rules or idea).
Examiner Notes
There is no prior art rejection over claim 1, however there is 101 rejection. However, closets prior arts fail to teach the limitations of “deriving, based on the voltage response, an index indicating a comparison between an on- ATRF and an off-ATRF, the on-ATRF being an apparent transient resistance function of the battery when the pulse current is turned on, the off-ATRF being an apparent transient resistance function of the battery when the pulse current is turned off; and determining a degree of deposition of lithium in the battery, based on the derived index.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) Oyama et al. (US 2021/0382114) disclose A battery diagnosis apparatus and a battery diagnosis method for accurately diagnosing a secondary battery are proposed. A pulse current generator, a voltage measuring instrument that measures a voltage response to application of a current pulse, a first data processing device that obtains a chronopotentiogram (CP) indicating a change in the voltage response over time and normalizes the CP, a database that saves normalized data, and a second data processing device that uses a correlation between the saved data and a battery state expressing factor prepared in advance to make a battery diagnosis are used. Desirably, the current pulse is a current in the same direction at the time of data obtainment and at the time of a diagnosis. Further, a noise filter for an input signal of the CP and resampling means for reducing the number of pieces of data input to the first data processing device are provided.
b) Dvorkin et al. (US 2016/0028130) disclose The measured transient response is used as identification mechanism to identify the particular battery pack type (and from which can be inferred battery chemistry of the battery 12 in the battery pack). The measured transient response is of a resistor typically, a thermistor coupled to the battery pack and an added capacitance (FIG. 3). In such embodiments, the charger 10 identifies the battery pack by measuring the transient response of the resistance of the thermistor and capacitance of the battery pack,
c) Taylor et al. (US 2020/0076010) disclose The problem of high rate electrodeposition of metals such as copper during electrowinning operations or high rate charging of lithium or zinc electrodes for rechargeable battery applications while avoiding the adverse effects of dendrite formation such as causing short-circuiting and/or poor deposit morphology is solved by pulse reverse current electrodeposition or charging whereby the forward cathodic (electrodeposition or charging) pulse current is “tuned” to minimize dendrite formation for example by creating a smaller pulsating boundary layer and thereby minimizing mass transport effects leading to surface asperities and the subsequent reverse anodic (electropolishing) pulse current is “tuned” to eliminate the micro- and macro-asperities leading to dendrites.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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/MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857